Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Indexation of maintenance

  • 2 Sept 2014

    SKP v. SAFM

    Citation
    SKP v. SAFM
    Court
    Family Court
    Case number
    FCMC5731/2010

    The child's actual monthly expenses were found to be about HK$47,533, yielding an equal parental share of approximately HK$23,766. Court rounded the father's maintenance obligation up to HK$24,000 per month and backdated the increase to 1 May 2013 given the change in practical arrangements after the father's relocation. Parties were released from the paragraph R consultation/50:50 undertakings and replaced with a fixed capitalised annual contribution by the father of HK$35,000 to cover extracurricular activities, extra tuition, school camps and trips, with all payments increased by 1% per ann…

  • 29 Jan 2007

    Y v. Y

    Citation
    Y v. Y
    Court
    Family Court
    Case number
    FCMC3654/1994

    The court accepted the payer's credible evidence of a material change in financial circumstances (business loss, cessation of salary, reduced income from rental), rejected the estoppel argument because past increases were ad hoc and not demonstrably based on the consent order index clause, and therefore lawfully varied the maintenance downward. Future adjustments were ordered to be linked to the UK consumer price index and payments structured through bank transfer with remittance fees borne by the payer; costs were awarded to the payer and the order nisi to be made final after 21 days.